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The college Board additionally argues that as a result of Title IX explicitly permits “separate residing services for the completely different sexes,” 20 U.S.C. § 1686, and its implementing laws permit colleges to provide “separate bathroom, locker room, and shower services on the idea of intercourse,” 34 C.F.R. In 2017, the Department of Education withdrew earlier steering which had instructed that the time period “sex” below Title IX included gender identification and that colleges must allow transgender students to make use of intercourse-segregated restrooms, locker rooms and shower amenities in line with their gender id. 84, 237. The school Board contends that the withdrawal of that steering signifies that the Department of Education disagrees with an interpretation of “sex” that features gender id for functions of Title IX. The school Board raises four most important arguments in support of its interpretation: first, the which means of the phrase “sex” as primarily based on dictionary definitions at the time Title IX was enacted and its legislative historical past support a conclusion that “sex” means “biological intercourse;” second, Title IX permits schools to supply separate boys’ and girls’ bathrooms so it cannot be a violation to separate the sexes within the restrooms; third, the Department of Education’s current interpretation of Title IX refutes the argument that “sex” consists of “gender identity;” and fourth, court docket selections that have utilized Title VII principles to glean a definition of sex (instances upon which plaintiff depends for his interpretation) are inapplicable.

405, 414 (1962) (discovering subsequent Congress’ interpretation of time period utilized in earlier-enacted statute was not related in construing term’s that means); Whitaker, 858 F.3d at 1049 (rejecting argument that Congress’ failure so as to add transgender standing as a protected characteristic to Title IX signaled an intentional omission). 17-18 (N.D. Ill. Oct. 18, 2016) (discovering dictionary definitions of “sex” included room for “gender identity”). 2016), vacated and remanded, 137 S. Ct. 1970 dictionary defined “sex” as “the character of being either male or feminine.” G.G., 822 F.3d at 721 (quoting the American College Dictionary 1109 (1970)); see additionally Highland, 208 F. Supp. See Highland, 208 F. Supp. 1996); Highland, 208 F. Supp. District, then the District’s and the Board’s legal obligations should prevail.” Evancho, 237 F. Supp. Thus, whereas the school Board should take under consideration the considerations of cisgender college students and their parents, it could not do so at the expense of Adams’ proper to equal safety below the regulation.